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(영문) 울산지방법원 2018.08.31 2018고단1448
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 15:35, 2018, the Defendant operated the C SP car at the shooting distance of the bathing beach located in Ulsan-dong, Ulsan-gu, U.S., U.S., and made it left to the left at the head of the home plug in Ulsan-do and the abuse protection area.

Since there is a center line of yellow-ray, in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected to turn to the left and failed to properly operate the steering gear, which led to the failure of the central line to turn to the left on the opposite lane, and the driving of the victim D(31 ) who was waiting to turn to the left at the opposite lane of the signal conflict with the front part of the above SP car.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim D (31) and the victim F (28 years old) who was accompanied by the victim’s vehicle in the victim’s vehicle, respectively, such as salt d and tensions that require two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a traffic accident where the defendant neglected his duty at the front time while driving a motor vehicle in the daytime and neglecting his duty at the front time, and caused a traffic accident sufficient for the victim's driver who was in the signal waiting in the signal waiting at the median line due to negligence over the center, and the occurrence of a traffic accident.

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